Response to Office Action

ADORISH

Zheng, Ying

Response to Office Action

Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it displays a valid OMB control number.
PTO Form 1957 (Rev 10/2011)
OMB No. 0651-0050 (Exp 09/20/2020)

Response to Office Action


The table below presents the data as entered.

Input Field
Entered
SERIAL NUMBER 88544331
LAW OFFICE ASSIGNED LAW OFFICE 109
MARK SECTION
MARK http://uspto.report/TM/88544331/mark.png
LITERAL ELEMENT ADORISH
STANDARD CHARACTERS YES
USPTO-GENERATED IMAGE YES
MARK STATEMENT The mark consists of standard characters, without claim to any particular font style, size or color.
ARGUMENT(S)
①The referenced serial number 87182548 in Class 12 has now expired. As a result, we're requesting removal of this application from refusal for consideration by the examining attorney. ②In order to overcome the likelihood of confusion with Registration Nos. 4693180 and 5205690, the applicant request for deleting the following goods: ?Baby strollers; Motorized bicycles; Tires for vehicles?.
GOODS AND/OR SERVICES SECTION (current)
INTERNATIONAL CLASS 012
DESCRIPTION
Automobile chassis; Automotive interior paneling; Automotive interior trim; Baby strollers; Custom leather interiors for vehicles; Electric cars; Electrically operated wheelchairs; Inner tubes; Insignia for vehicles; Motorcycle tires; Motorized bicycles; Pneumatic tyres and inner tubes for motorcycles; Pushchairs; Safety seats for children for motor cars; Self-balancing one-wheeled electric scooters; Tires for vehicles; Wheelchairs
FILING BASIS Section 1(a)
        FIRST USE ANYWHERE DATE At least as early as 06/19/2019
        FIRST USE IN COMMERCE DATE At least as early as 06/19/2019
GOODS AND/OR SERVICES SECTION (proposed)
INTERNATIONAL CLASS 012
TRACKED TEXT DESCRIPTION
Automobile chassis; Automotive interior paneling; Automotive interior trim; Baby strollers; Custom leather interiors for vehicles; Electric cars; Electrically operated wheelchairs; Inner tubes; Insignia for vehicles; Motorcycle tires; Pneumatic tyres and inner tubes for motorcycles; Motorized bicycles; Pushchairs; Safety seats for children for motor cars; Self-balancing one-wheeled electric scooters; Wheelchairs; Tires for vehicles
FINAL DESCRIPTION
Automobile chassis; Automotive interior paneling; Automotive interior trim; Custom leather interiors for vehicles; Electric cars; Electrically operated wheelchairs; Inner tubes; Insignia for vehicles; Motorcycle tires; Pneumatic tyres and inner tubes for motorcycles; Pushchairs; Safety seats for children for motor cars; Self-balancing one-wheeled electric scooters; Wheelchairs
FILING BASIS Section 1(a)
       FIRST USE ANYWHERE DATE At least as early as 06/19/2019
       FIRST USE IN COMMERCE DATE At least as early as 06/19/2019
       STATEMENT TYPE "The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce at least as early as the filing date of the application"[for an application based on Section 1(a), Use in Commerce] OR "The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce prior either to the filing of the Amendment to Allege Use or expiration of the filing deadline for filing a Statement of Use" [for an application based on Section 1(b) Intent-to-Use]. OR "The attached specimen is a true copy of the specimen that was originally submitted with the application, amendment to allege use, or statement of use" [for an illegible specimen].
       SPECIMEN FILE NAME(S)
       JPG FILE(S) \\TICRS\EXPORT18\IMAGEOUT 18\885\443\88544331\xml1\ ROA0002.JPG
        \\TICRS\EXPORT18\IMAGEOUT18\885\443\88544331\xml1\ROA0003.JPG
        \\TICRS\EXPORT18\IMAGEOUT18\885\443\88544331\xml1\ROA0004.JPG
        \\TICRS\EXPORT18\IMAGEOUT18\885\443\88544331\xml1\ROA0017.JPG
        \\TICRS\EXPORT18\IMAGEOUT18\885\443\88544331\xml1\ROA0018.JPG
        \\TICRS\EXPORT18\IMAGEOUT18\885\443\88544331\xml1\ROA0019.JPG
       ORIGINAL PDF FILE SPU0-260017021f702eaf35a35bff156ab1d6-20200303081943537851_._Amazon_webpage_1.pdf
       CONVERTED PDF FILE(S)
       (4 pages)
\\TICRS\EXPORT18\IMAGEOUT18\885\443\88544331\xml1\ROA0005.JPG
        \\TICRS\EXPORT18\IMAGEOUT18\885\443\88544331\xml1\ROA0006.JPG
        \\TICRS\EXPORT18\IMAGEOUT18\885\443\88544331\xml1\ROA0007.JPG
        \\TICRS\EXPORT18\IMAGEOUT18\885\443\88544331\xml1\ROA0008.JPG
       ORIGINAL PDF FILE SPU0-260017021f702eaf35a35bff156ab1d6-20200303081943537851_._Amazon_webpage_2.pdf
       CONVERTED PDF FILE(S)
       (4 pages)
\\TICRS\EXPORT18\IMAGEOUT18\885\443\88544331\xml1\ROA0009.JPG
        \\TICRS\EXPORT18\IMAGEOUT18\885\443\88544331\xml1\ROA0010.JPG
        \\TICRS\EXPORT18\IMAGEOUT18\885\443\88544331\xml1\ROA0011.JPG
        \\TICRS\EXPORT18\IMAGEOUT18\885\443\88544331\xml1\ROA0012.JPG
       ORIGINAL PDF FILE SPU0-260017021f702eaf35a35bff156ab1d6-20200303081943537851_._Amazon_webpage_3.pdf
       CONVERTED PDF FILE(S)
       (4 pages)
\\TICRS\EXPORT18\IMAGEOUT18\885\443\88544331\xml1\ROA0013.JPG
        \\TICRS\EXPORT18\IMAGEOUT18\885\443\88544331\xml1\ROA0014.JPG
        \\TICRS\EXPORT18\IMAGEOUT18\885\443\88544331\xml1\ROA0015.JPG
        \\TICRS\EXPORT18\IMAGEOUT18\885\443\88544331\xml1\ROA0016.JPG
       SPECIMEN DESCRIPTION Sale orders of Amazon store; Photos of products and Amazon webpages of applicant's goods "Automotive interior paneling; Inner tubes; Safety seats for children for motor cars" in the United States.
ADDITIONAL STATEMENTS SECTION
MISCELLANEOUS STATEMENT Information about specimen required
        MISCELLANEOUS FILE NAME(S)
       ORIGINAL PDF FILE mis-260017021f702eaf35a35bff156ab1d6-20200303081943537851_._Information_about_specimen_required_Adorish.pdf
       CONVERTED PDF FILE(S)
       (3 pages)
\\TICRS\EXPORT18\IMAGEOUT18\885\443\88544331\xml1\ROA0020.JPG
        \\TICRS\EXPORT18\IMAGEOUT18\885\443\88544331\xml1\ROA0021.JPG
        \\TICRS\EXPORT18\IMAGEOUT18\885\443\88544331\xml1\ROA0022.JPG
ATTORNEY INFORMATION (new)
NAME Yan Gao
ATTORNEY BAR MEMBERSHIP NUMBER XXX
YEAR OF ADMISSION XXXX
U.S. STATE/ COMMONWEALTH/ TERRITORY XX
FIRM NAME Ipspeedy Consulting Company, LLC
STREET 10223 Broadway St, Ste P424
CITY Pearland
STATE Texas
POSTAL CODE 77584
COUNTRY/REGION/JURISDICTION/U.S. TERRITORY United States
PHONE 7138577112
FAX 8886683198
EMAIL Ipspeedygo@gmail.com
DOCKET/REFERENCE NUMBER TN19229USTM
CORRESPONDENCE INFORMATION (current)
NAME ZHENG, YING
PRIMARY EMAIL ADDRESS FOR CORRESPONDENCE trynow@cn-ip.cn
SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES) trademark@cn-ip.cn
DOCKET/REFERENCE NUMBER TN19229USTM
CORRESPONDENCE INFORMATION (proposed)
NAME Yan Gao
PRIMARY EMAIL ADDRESS FOR CORRESPONDENCE Ipspeedygo@gmail.com
SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES) trademarkdocket@163.com; 2654203989@qq.com
DOCKET/REFERENCE NUMBER TN19229USTM
SIGNATURE SECTION
DECLARATION SIGNATURE /Yan Gao/
SIGNATORY'S NAME Yan Gao
SIGNATORY'S POSITION Attorney of Record
SIGNATORY'S PHONE NUMBER 7138577112
DATE SIGNED 03/03/2020
RESPONSE SIGNATURE /Yan Gao/
SIGNATORY'S NAME Yan Gao
SIGNATORY'S POSITION Attorney of Record
SIGNATORY'S PHONE NUMBER 7138577112
DATE SIGNED 03/03/2020
AUTHORIZED SIGNATORY YES
FILING INFORMATION SECTION
SUBMIT DATE Tue Mar 03 08:27:57 ET 2020
TEAS STAMP USPTO/ROA-XXXX:XXXX:XXXX:
XXXX:XXXX:XXXX:XXXX:XXXX-
20200303082757092615-8854
4331-71049f3d47ab089f9165
7b665e2d8b4ecefb6f662713a
b3df99e38fd33a96eb83d9-N/
A-N/A-2020030308194353785
1



Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it displays a valid OMB control number.
PTO Form 1957 (Rev 10/2011)
OMB No. 0651-0050 (Exp 09/20/2020)

Response to Office Action


To the Commissioner for Trademarks:

Application serial no. 88544331 ADORISH(Standard Characters, see http://uspto.report/TM/88544331/mark.png) has been amended as follows:

ARGUMENT(S)
In response to the substantive refusal(s), please note the following:

①The referenced serial number 87182548 in Class 12 has now expired. As a result, we're requesting removal of this application from refusal for consideration by the examining attorney. ②In order to overcome the likelihood of confusion with Registration Nos. 4693180 and 5205690, the applicant request for deleting the following goods: ?Baby strollers; Motorized bicycles; Tires for vehicles?.

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following:
Current: Class 012Automobile chassis; Automotive interior paneling; Automotive interior trim; Baby strollers; Custom leather interiors for vehicles; Electric cars; Electrically operated wheelchairs; Inner tubes; Insignia for vehicles; Motorcycle tires; Motorized bicycles; Pneumatic tyres and inner tubes for motorcycles; Pushchairs; Safety seats for children for motor cars; Self-balancing one-wheeled electric scooters; Tires for vehicles; Wheelchairs
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 06/19/2019 and first used in commerce at least as early as 06/19/2019 , and is now in use in such commerce.

Proposed:
Tracked Text Description: Automobile chassis; Automotive interior paneling; Automotive interior trim; Baby strollers; Custom leather interiors for vehicles; Electric cars; Electrically operated wheelchairs; Inner tubes; Insignia for vehicles; Motorcycle tires; Pneumatic tyres and inner tubes for motorcycles; Motorized bicycles; Pushchairs; Safety seats for children for motor cars; Self-balancing one-wheeled electric scooters; Wheelchairs; Tires for vehicles
Applicant hereby submits one(or more) specimen(s) for Class 012 . The specimen(s) submitted consists of Sale orders of Amazon store; Photos of products and Amazon webpages of applicant's goods "Automotive interior paneling; Inner tubes; Safety seats for children for motor cars" in the United States. .
"The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce at least as early as the filing date of the application"[for an application based on Section 1(a), Use in Commerce] OR "The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce prior either to the filing of the Amendment to Allege Use or expiration of the filing deadline for filing a Statement of Use" [for an application based on Section 1(b) Intent-to-Use]. OR "The attached specimen is a true copy of the specimen that was originally submitted with the application, amendment to allege use, or statement of use" [for an illegible specimen].
JPG file(s):
Specimen File1
Specimen File2
Specimen File3
Specimen File4
Specimen File5
Specimen File6
Original PDF file:
SPU0-260017021f702eaf35a35bff156ab1d6-20200303081943537851_._Amazon_webpage_1.pdf
Converted PDF file(s) ( 4 pages)
Specimen File1
Specimen File2
Specimen File3
Specimen File4
Original PDF file:
SPU0-260017021f702eaf35a35bff156ab1d6-20200303081943537851_._Amazon_webpage_2.pdf
Converted PDF file(s) ( 4 pages)
Specimen File1
Specimen File2
Specimen File3
Specimen File4
Original PDF file:
SPU0-260017021f702eaf35a35bff156ab1d6-20200303081943537851_._Amazon_webpage_3.pdf
Converted PDF file(s) ( 4 pages)
Specimen File1
Specimen File2
Specimen File3
Specimen File4

The owner's/holder's proposed attorney information Yan Gao. Yan Gao of Ipspeedy Consulting Company, LLC, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      10223 Broadway St, Ste P424
      Pearland, Texas 77584
      United States
to submit this Response to Office Action Form on behalf of the applicant.
The docket/reference number is TN19229USTM.

The phone number is 7138577112.

The fax number is 8886683198.

The email address is Ipspeedygo@gmail.com

Yan Gao submitted the following statement: The attorney of record is an active member in good standing of the bar of the highest court of a U.S. state, the District of Columbia, or any U.S. Commonwealth or territory.Correspondence Information (current):
      ZHENG, YING
      PRIMARY EMAIL FOR CORRESPONDENCE: trynow@cn-ip.cn
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): trademark@cn-ip.cn

The docket/reference number is TN19229USTM.
Correspondence Information (proposed):
      Yan Gao
      PRIMARY EMAIL FOR CORRESPONDENCE: Ipspeedygo@gmail.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): trademarkdocket@163.com; 2654203989@qq.com

The docket/reference number is TN19229USTM.

Requirement for Email and Electronic Filing: I understand that a valid email address must be maintained by the owner/holder and the owner's/holder's attorney, if appointed, and that all official trademark correspondence must be submitted via the Trademark Electronic Application System (TEAS).

ADDITIONAL STATEMENTS
Miscellaneous Statement
Information about specimen required

Original PDF file:
mis-260017021f702eaf35a35bff156ab1d6-20200303081943537851_._Information_about_specimen_required_Adorish.pdf
Converted PDF file(s) ( 3 pages)
Miscellaneous File1
Miscellaneous File2
Miscellaneous File3

SIGNATURE(S)
Declaration Signature

DECLARATION: The signatory being warned that willful false statements and the like are punishable by fine or imprisonment, or both, under 18 U.S.C. § 1001, and that such willful false statements and the like may jeopardize the validity of the application or submission or any registration resulting therefrom, declares that, if the applicant submitted the application or allegation of use (AOU) unsigned, all statements in the application or AOU and this submission based on the signatory's own knowledge are true, and all statements in the application or AOU and this submission made on information and belief are believed to be true.

STATEMENTS FOR UNSIGNED SECTION 1(a) APPLICATION/AOU: If the applicant filed an unsigned application under 15 U.S.C. §1051(a) or AOU under 15 U.S.C. §1051(c), the signatory additionally believes that: the applicant is the owner of the mark sought to be registered; the mark is in use in commerce and was in use in commerce as of the filing date of the application or AOU on or in connection with the goods/services/collective membership organization in the application or AOU; the original specimen(s), if applicable, shows the mark in use in commerce as of the filing date of the application or AOU on or in connection with the goods/services/collective membership organization in the application or AOU; for a collective trademark, collective service mark, collective membership mark application, or certification mark application, the applicant is exercising legitimate control over the use of the mark in commerce and was exercising legitimate control over the use of the mark in commerce as of the filing date of the application or AOU; for a certification mark application, the applicant is not engaged in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that meet the certification standards of the applicant. To the best of the signatory's knowledge and belief, no other persons, except, if applicable, authorized users, members, and/or concurrent users, have the right to use the mark in commerce, either in the identical form or in such near resemblance as to be likely, when used on or in connection with the goods/services/collective membership organization of such other persons, to cause confusion or mistake, or to deceive.

STATEMENTS FOR UNSIGNED SECTION 1(b)/SECTION 44 APPLICATION AND FOR SECTION 66(a) COLLECTIVE/CERTIFICATION MARK APPLICATION: If the applicant filed an unsigned application under 15 U.S.C. §§ 1051(b), 1126(d), and/or 1126(e), or filed a collective/certification mark application under 15 U.S.C. §1141f(a), the signatory additionally believes that: for a trademark or service mark application, the applicant is entitled to use the mark in commerce on or in connection with the goods/services specified in the application; the applicant has a bona fide intention to use the mark in commerce and had a bona fide intention to use the mark in commerce as of the application filing date; for a collective trademark, collective service mark, collective membership mark, or certification mark application, the applicant has a bona fide intention, and is entitled, to exercise legitimate control over the use of the mark in commerce and had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce as of the application filing date; the signatory is properly authorized to execute the declaration on behalf of the applicant; for a certification mark application, the applicant will not engage in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that meet the certification standards of the applicant. To the best of the signatory's knowledge and belief, no other persons, except, if applicable, authorized users, members, and/or concurrent users, have the right to use the mark in commerce, either in the identical form or in such near resemblance as to be likely, when used on or in connection with the goods/services/collective membership organization of such other persons, to cause confusion or mistake, or to deceive.



Signature: /Yan Gao/      Date: 03/03/2020
Signatory's Name: Yan Gao
Signatory's Position: Attorney of Record
Signatory's Phone Number: 7138577112


Response Signature
Signature: /Yan Gao/     Date: 03/03/2020
Signatory's Name: Yan Gao
Signatory's Position: Attorney of Record

Signatory's Phone Number: 7138577112

The signatory has confirmed that he/she is a U.S.-licensed attorney who is an active member in good standing of the bar of the highest court of a U.S. state (including the District of Columbia and any U.S. Commonwealth or territory); and he/she is currently the owner's/holder's attorney or an associate thereof; and to the best of his/her knowledge, if prior to his/her appointment another U.S.-licensed attorney not currently associated with his/her company/firm previously represented the owner/holder in this matter: the owner/holder has revoked their power of attorney by a signed revocation or substitute power of attorney with the USPTO; the USPTO has granted that attorney's withdrawal request; the owner/holder has filed a power of attorney appointing him/her in this matter; or the owner's/holder's appointed U.S.-licensed attorney has filed a power of attorney appointing him/her as an associate attorney in this matter.

Mailing Address:    ZHENG, YING
   
   NO. 441 MEILONG ROAD, LONGHUA DISTRICT
   A26G, GUANGHAO INTERNATIONAL CENTER
   SHENZHEN, GUANGDONG, 518000
Mailing Address:    Yan Gao
   Ipspeedy Consulting Company, LLC
   10223 Broadway St, Ste P424
   Pearland, Texas 77584
        
Serial Number: 88544331
Internet Transmission Date: Tue Mar 03 08:27:57 ET 2020
TEAS Stamp: USPTO/ROA-XXXX:XXXX:XXXX:XXXX:XXXX:XXXX:
XXXX:XXXX-20200303082757092615-88544331-
71049f3d47ab089f91657b665e2d8b4ecefb6f66
2713ab3df99e38fd33a96eb83d9-N/A-N/A-2020
0303081943537851


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